The Supreme Court kicked off its legal year this morning with a church service at the Holy Redeemer Cathedral.
Following the service, the traditional march of the judicial officers, led by the Chief Justice and a full complement of judges, magistrates, attorneys and other support staff headed for the Supreme Court.
In front of the main Supreme Court building, the Chief Justice, Dr. Abdulai Conteh inspected a guard of honor, before everyone assembled in the Chief Justice’s courtroom to hear his address and that of Attorney General Wilfred “Sedi” Elrington, declaring the judicial year open.
In the opening portion of his address, the CJ noted that the opening of the Supreme Court has come to assume a formal format. “It is not an occasion for histrionics or grandstanding. Therefore in the best tradition of the occasion, I do not intend this occasion to be any different.”
The Judiciary is in continuous need of financial resources, the CJ stated.
“I therefore say that no offence is intended if I state that last year was no exception in the allocation of resources to the Judiciary. The total allocated to the Judiciary, inclusive of salaries, wages and other costs, was $7,092,483 this represents 1.03% of a total national budget of $689,760,217.”
CJ Conteh went on to say that “a properly funded and functioning judiciary is, after all, part of the underpinning of the stability and indeed, prosperity of any society.”
He noted that this year the Judiciary was presented with a figure that is a 10% reduction on last year’s allocation. “The admitted economic recession and consequent national financial shortfalls, which necessitates a belt-tightening exercise across the board, this is understandable, but we must caution the need for care so that the administration of justice is not crippled.”
In addressing the question of delayed judgment, Conteh said that that is almost behind us now and now the only judgments that are now due are for cases that were heard in 2009.
“The numbers tell the story. For 2009, a total of 1,116 cases were contemplated. These numbers include divorce petitions of which a total of 255 were filed in 2009 and 215 were disposed of in the course of that same year.”
There was a surge, for the first time in the number of cases filed in the Supreme Court last year. The number of cases filed were 1,054.
In the criminal division of the Supreme Court, last year they disposed of 191 cases that were tried on indictment during 2009.
Turning to the Magistracy, Conteh said that the magistrates are an important cog in the wheel of justice. “They sometimes make mistakes, but against all odds, they continue to strive to do justice. They do not, and I emphasize this, deliver injustice.”
“Here again, the figures speak volumes for the important role the magistrates perform in the justice system. In the course of last year, 15,590 criminal cases were lodged in the Magistrate’s Courts, and they were able to dispose of 12,072 cases. On the civil side, 5,749 cases were lodged and they disposed of 4, 420 cases. The Family Court, over the same period, handled 2,837 cases.”
Conteh had high praise for the legislation that was introduced to make the Caribbean Court of Justice be the final appellate court for Belize. He described this as a bold and visionary move and is confident that the Caribbean has enough judicial talent to staff the court.
Turning to the question of crime and the administration of justice, Conteh said that the Commissioner of Police and his men and women must be congratulated for the modest drop in crime last year
Conteh noted that because of financial constraints, Belize is not able to take up offers for judicial training provided by the Commonwealth Judicial Institute in Ottawa, Canada. He said that there is a compelling case for a local institute of judicial education and training.
But while the CJ’s address was a review of the work of the judiciary for last year; he ended his address on a personal note, saying that: “…in some quarters there has been some feverish speculation as to my demitting office as Chief Justice and talk of even a possible successor!
“Let me say this: the Constitution contains provisions on the tenure of judges, including the Chief Justice. I should think that decorum, protocol, and the interests of due and proper administration of justice, consonant with judicial integrity and independence and respect for judicial office, would not reduce the issue of the continuance in office of a judge or his retirement, to a matter of what can only be described as unwholesome speculation.”
He ended his address saying that he had been unfailingly loyal to the judicial oath to uphold the Constitution and the law and that when the time comes for him to demit office, he will do so fortified in that knowledge.
Having said that, Conteh declared the legal year open, saying, “Mr. Attorney, you may now move the motion for the adjournment.”
This was Attorney General Wilfred Elrington’s signal to begin his address before the court session is adjourned.
Elrington began saying that: “I have been made aware that there were persons present at last year’s opening of this Supreme Court who took offence at some of the things I said in that presentation. I wish to express my deepest regret that I was the cause of offence to anyone on that occasion. That was never my intention. And I humbly beg that any unhappy remark I then made be attributed to inadvertence, inexperience and ignorance of protocol on my part.”
Elrington went on to say that “the Prime Minister and all of us in the Executive are very much aware of and are very grateful for all the efforts being made by Your Lordship and by your fellow judges and magistrates and the support staff to daily dispense justice in our courts in these difficult times.”
He said that the government has recently requested the assistance of the Australian Government to provide Belize with two more Supreme Court judges.
Elrington mentioned the appointment of Solicitor General Oscar Ramjeet, an experienced Guyanese attorney.
“Competent, hardworking Crown Counsel, Pricilla Banner, who has held the fort admirably during the absence of a Solicitor General, was rewarded for her effort by being elevated last year to the post of Deputy Solicitor General (litigation).”
Elrington noted that by the next opening of the Supreme Court for the judicial year 2011, Belize should have abolished the Privy Council for the Caribbean Court of Justice as its final appeal court. The CCJ is based in Port of Spain, Trinidad.
The Laws of Belize has not been revised since 2000; Elrington informed today that a law revision is now underway with the assistance of the Commonwealth Secretariat and CARICOM.